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2017 Supreme(Raj) 322

MOHAMMAD RAFIQ, DINESH CHANDRA SOMANI
Zakir @ Rahimulla S/o Shri Karimulla – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant : Mr. S.S. Hasan with Mr. Rajendra Yadav
For the Respondent: Mr. R.S. Raghav

JUDGMENT :

MOHAMMAD RAFIQ, J.

1. This appeal has been filed by accused-appellant Zakir @ Rahimulla challenging judgment dated 15.09.2012 passed by Additional Sessions Judge(Fast Track), Tonk (for short ‘the trial court’) whereby the trail court convicted the accused-appellant for offence under Section 302 IPC and sentenced him to life imprisonment with fine of Rs. 5,00/-, in default whereof he was to further undergo two months simple imprisonment.

2. Facts of the case are that one Riyaj(P.W.1) son of Shri Fayyajuddin submitted a written report(Exhibit P-1) at Police Station, Kotwali, Tonk on 14.08.2009 alleging that on 14.08.2009 at about 10.30 A.M. his uncle Munna @ Imamudeen Luhar was working in his shop situated at Nayab Sahab Ki Nal, Tonk. Suddenly Rahimulla @ Zakir came there. He was having a knife in his hand. He inflicted blows on Munna’s chest, face and different parts of the body. Munna was taken to hospital where he was declared brought dead. On the basis of aforesaid written report(Exhibit P-1), regular FIR No. 252/2009 was chalked out at Police Station Kotwali, Tonk for offence under Section 302 IPC. Upon completion of investigation, charge sheet under Section 302 IPC was







































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